Absolutely - I don't think TiVo's lawyers would want to go down that particular route.
Best they might claim is that the (non-GPL bits) software is copyright but even here I can't see what redress they could claim - we are not copying the software nor are we using it "for a purpose other than for which it was intended". Plus after 31st May (when our Agreements cease) we are no longer bound by California law but we can justifiably claim jurisdiction under English Law, with nice UK judges
(by which I mean we could reasonably claim we have purchased a license to use the TiVo software and there is nothing in the TiVo Agreement to prohibit us from using it after they terminate said Agreement! There are precedents in UK law that allow this.
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